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§ 25-2501.Intent and purpose.

Article 25: Eminent Domain Notice and Hearing Procedures · Last amended 2017 · Last verified July 22, 2026

In one sentenceThis section states that sections 25-2501 to 25-2506 create a uniform notice and hearing procedure for state and local government agencies, public utilities, and common carriers holding eminent domain power before they acquire private property for a public purpose, and it lists six categories of acquisition the procedure does not cover.

Full Text of § 25-2501

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It is the intent and purpose of sections 25-2501 to 25-2506 to establish a uniform procedure to be used in acquiring private property for a public purpose by the State of Nebraska and its political subdivisions and by all privately owned public utility corporations and common carriers which have been granted the power of eminent domain. Such sections shall not apply to:
(1) Water transmission and distribution pipelines and their appurtenances and common carrier pipelines and their appurtenances;
(2) Public utilities and cities of all classes and villages when acquiring property for a proposed project involving the acquisition of rights or interests in ten or fewer separately owned tracts or when the acquisition is within the corporate limits of any city or village;
(3) Sanitary and improvement districts organized under sections 31-727 to 31-762 when acquiring easements for a proposed project involving the acquisition of rights or interests in ten or fewer separately owned tracts;
(4) Counties and municipalities which acquire property through the process of platting or subdivision or for street or highway construction or improvements;
(5) Common carriers subject to regulation by the Federal Railroad Administration of the United States Department of Transportation; or
(6) The Nebraska Department of Transportation when acquiring property for highway construction or improvements.

Source

Laws 1973, LB 187, § 1; Laws 1978, LB 917, § 1; Laws 1994, LB 441, § 2; Laws 2002, LB 176, § 1; Laws 2017, LB339, § 81.

Plain-English Summary

Section 25-2501 explains what the rest of Article 25 is for. The Legislature adopted sections 25-2501 to 25-2506 to set one uniform procedure for acquiring private property for a public purpose, whether the acquiring body is the State of Nebraska, a political subdivision, a privately owned public utility corporation, or a common carrier holding the power of eminent domain. The goal is consistency: a property owner facing a possible government or utility acquisition should be able to expect the same notice and hearing steps regardless of which agency is involved.

The section then narrows that broad reach with six exceptions. It does not apply to water transmission and distribution pipelines or common carrier pipelines and their appurtenances; to public utilities and cities or villages acquiring rights in ten or fewer separately owned tracts, or acquiring property within a city or village’s corporate limits; to sanitary and improvement districts acquiring easements in ten or fewer tracts; to counties and municipalities acquiring property through platting, subdivision, or street and highway work; to common carriers regulated by the Federal Railroad Administration; or to the Nebraska Department of Transportation acquiring property for highway work. A property owner facing an acquisition needs to check these carve-outs before assuming the article’s notice and hearing procedure applies.

Frequently Asked Questions

What is Article 25 trying to accomplish?

It sets one uniform notice and hearing procedure for acquiring private property for a public purpose, covering the State of Nebraska, political subdivisions, and privately owned public utilities and common carriers that hold eminent domain power.

Does this procedure apply to every government acquisition of private property?

No. Section 25-2501 lists six categories the article does not cover, including small acquisitions of ten or fewer tracts by public utilities, cities, and villages, and acquisitions within city or village limits.

Does the notice and hearing procedure apply to highway acquisitions by the state?

No. The section exempts the Nebraska Department of Transportation when it acquires property for highway construction or improvements.

Are pipeline companies covered by this article?

Water transmission and distribution pipelines and common carrier pipelines, along with their appurtenances, are excluded from the article.

What about counties acquiring land through platting or subdivision?

The section excludes counties and municipalities that acquire property through platting or subdivision, or for street or highway construction or improvement.

Does a railroad regulated by the federal government have to follow this state procedure?

No. Common carriers subject to regulation by the Federal Railroad Administration are excluded.

Source & verification. Section text and the amendment-history citation are reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the Nebraska Legislature. Last verified July 22, 2026. · Official source
Also known as: nebraska eminent domain notice law scopeagencies exempt from eminent domain noticeuniform property acquisition procedure nebraskaeminent domain exceptions nebraska statutewhich acquisitions require public hearing